View full sizeBenito Albarran, shown here during his 2008 trial, is appealing his conviction and death sentence for killing Huntsville police officer Daniel Golden. (The Huntsville Times/Michael Mercier)

MONTGOMERY, Alabama -- A state appeals court today refused to rehear the appeal of an illegal immigrant who was sentenced to death for the 2005 capital murder of a Huntsville police officer.

The Alabama Court of Criminal Appeals issued a one-page order denying the rehearing in the case of Benito Ocampo Albarran, who killed officer Daniel Golden as he lay on the ground begging for his life.

Golden was confronted by Albarran on Sept. 20, 2005, when he answered a 911 domestic dispute call at the El Jalisco restaurant on Jordan Lane in Huntsville where Albarran was the manager.

According to testimony at the trial, Albarran walked toward Golden pointing a .38-caliber revolver at him, prompting Golden to raise his arms. Albarran fired, and Golden returned fire until his pistol misfired. One of Albarran's shots hit Golden in the lower abdomen, and he fell to the ground.

As the officer lay on the ground pleading for his life, Albarran walked up to him and fired another gun at him. That bullet lodged in Golden's protective vest. As Golden yelled: "Wait!" Albarran fired two more shots into Golden's head, killing him.

Albarran, 37, is being held on death row at the maximum security Donaldson Correctional Facility near Bessemer.